Case Note & Summary
The case involves an appeal by The New India Assurance Co. Ltd. against an award dated 2/9/2009 passed by the Commissioner for Workmen's Compensation in Application (WCA No. 48/C/19/2007). The respondent workman, Mr. Sharif Basheer Shaikh, was employed by M/s. Enterprising Enterprise Engineer and Contract at Borivali, Mumbai, and was engaged to break old track at the Dry Dock (Indira Dock) of Mumbai Port Trust on 11/11/2005. During the course of his employment, an iron piece from a chisel entered his left eye, causing serious injury. He was taken to St. George Hospital and later to Harkisondas Nurottamdas Hospital on 5/12/2006, where an operation was performed on 6/12/2006 to remove the iron piece. However, he lost vision in his left eye and began suffering from frequent fits and bleeding while sneezing. He could not perform any work thereafter. The workman claimed compensation under the Workmen's Compensation Act, 1923, contending that he was engaged at monthly wages of Rs.4500/- and was aged 40 years at the time of the accident. The Commissioner awarded compensation of Rs.3,60,000/- with interest at 12% per annum from the date of the accident until realization. The insurance company appealed, challenging the award. The court heard submissions from both sides. The court held that the injury arose out of and in the course of employment, resulting in permanent total disablement. The court found no infirmity in the Commissioner's order and dismissed the appeal, confirming the award. The court also directed that the amount deposited by the appellant be paid to the respondents along with accrued interest.
Headnote
A) Workmen's Compensation - Employer's Liability - Section 3, Workmen's Compensation Act, 1923 - Injury arising out of and in the course of employment - Workman sustained injury when an iron piece from a chisel entered his left eye while breaking old track at worksite - Held that the injury arose out of and in the course of employment, making employer liable (Paras 4-5). B) Workmen's Compensation - Permanent Total Disablement - Section 4(1)(b), Workmen's Compensation Act, 1923 - Loss of vision in one eye - Workman lost vision in left eye and suffered frequent fits - Held that the injury resulted in permanent total disablement as the workman could not perform any work (Paras 4-5). C) Workmen's Compensation - Computation of Compensation - Section 4, Workmen's Compensation Act, 1923 - Monthly wages of Rs.4500/- and age 40 years - Commissioner awarded Rs.3,60,000/- with interest - Held that the computation was correct as per Schedule IV (Paras 5-6). D) Workmen's Compensation - Insurance Company's Liability - Section 3, Workmen's Compensation Act, 1923 - Insurance policy covering employer's liability - The New India Assurance Co. Ltd. was the insurer - Held that the insurance company is liable to pay the compensation awarded (Paras 1, 6).
Issue of Consideration
Whether the Commissioner for Workmen's Compensation correctly awarded compensation for loss of vision due to workplace injury and whether the insurance company is liable to pay the same.
Final Decision
Appeal dismissed. The judgment and award dated 2/9/2009 passed by the Commissioner for Workmen's Compensation is confirmed. The amount deposited by the appellant shall be paid to the respondents along with accrued interest.
Law Points
- Workmen's Compensation Act
- 1923
- Section 3
- Section 4
- Section 10
- Section 30
- Employer's liability
- Insurance company's liability
- Loss of vision
- Permanent total disablement
- Computation of compensation
